Nintendo Takes Action Against Piracy, Addresses Emulation Controversy

Nintendo's aggressive stance against emulation and piracy is well-documented. Recent legal actions highlight this, including the $2.4 million settlement with Yuzu emulator developers in March 2024, the cessation of Ryujinx development in October 2024 following Nintendo's intervention, and the legal advice preventing a full Steam release for the Dolphin emulator in 2023. The infamous 2023 case against Gary Bowser, a reseller of piracy tools, resulted in a $14.5 million judgment against him.

A recent presentation at Tokyo eSports Festa 2025 by Koji Nishiura, a Nintendo patent attorney, shed light on the company's legal strategy. Nishiura clarified that while emulators themselves aren't inherently illegal, their use can become illegal under specific circumstances. He emphasized that emulators copying game programs or disabling console security measures constitute copyright infringement under Japanese law.

This hinges primarily on Japan's Unfair Competition Prevention Act (UCPA), limiting Nintendo's extraterritorial reach. The presentation used the Nintendo DS R4 card as a case study, highlighting how its ability to bypass security and run pirated games led to a 2009 court ruling against its manufacturers and distributors under the UCPA.

Nishiura further explained that "reach apps," third-party tools facilitating pirated software downloads within emulators (such as the 3DS Freeshop or Switch's Tinfoil), also violate copyright laws.

Nintendo's lawsuit against Yuzu cited one million pirated copies of The Legend of Zelda: Tears of the Kingdom, linking the emulator's Patreon revenue ($30,000 monthly) to the provision of early access and special features, thus contributing to the piracy issue.